1 2025:CGHC:49272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6899 of 2025 1 - Ritesh Markam @ Ritu S/o Sonadhar Markam Aged About 25 Years R/o Village Pasangi Plotpara, PS Farasgaon District Kondagaon Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Ps Farasgaon District - Kondagaon Chhattisgarh ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate For Respondent : Mr. Deepak Kumar Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.09.2025 1. The victim appeared before this Court today through virtual mode from DLSA, Kondagaon and expressed her no-objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.6/2025 registered at Police Station Farasgaon, District Kondagaon (CG) for the offence punishable under Section 376(2) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.09.26 14:16:13 +0530 2 (n) of IPC, Sections 331(4), 324(4), 351(2), 127(2), 296, 332(B) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. The first bail application of the applicant was dismissed on merit vide order dated 12.06.2025 in MCRC No.3484/2025. 4. As per the prosecution case, in October 2018, the victim/prosecutrix had gone to worship at Gattipalna temple, where the accused Ritesh Markam came and knowing her to be a minor, took her for a walk on the river bank and forcibly committed sexual intercourse with her. Thereafter, whenever the applicant found her alone, he would have physical relations with her, threatening to defame her in the village. On 16.01.2025 at about 9.00 pm, the applicant came to the house of the victim and had physical relations with her, threatening to tell the villagers. On 17.01.2025 at 7.00 pm, the applicant entered the house of the victim abusing her in vulgar language and beat her threatening to kill her. Subsequently, on the report of the victim, the applicant was arrested on 18.01.2025. 5. Learned counsel appearing for applicant submits that the prosecutrix has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The prosecutrix has also given her no-objection in granting bail to the applicant. He submits that the prosecutrix has not supported the first incident which is said to have taken place in October 2018 and according to the court statement of the prosecutrix herself, her date of birth is 26.04.2001 and she was a major at the time of the incident. He further submits that there are total 23 witnesses, out of which only 3 witnesses including the victim have been examined till date, the applicant is in jail since 18.01.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 3 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and the fact that the victim has also given her no-objection in granting bail to the applicant, there are total 23 witnesses out of which only 3 witnesses including the victim have been examined so far, the applicant is in jail since 18.01.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE